We represent musical groups and private labels on ecommerce platforms (Etsy, Shopify, Alibaba, Amazon, and more).
Essentially, what we do is protect them against counterfeit sellers.
For example, a private label seller will come to us and someone will be on their ASIN selling a product that does not exactly match. For example, it could be manufactured by someone in China.
One thing that we can do to rectify the problem is to conduct a test buy.
We purchase the product to prove that it does not match our client’s product. At that point, we will send out a cease and desist letter, which will notify the counterfeiter that they are infringing. The majority of sellers typically comply with our letters. If they do not remove the item, we will then file a Report of Infringement with Amazon. You do not have to conduct a test buy in order to remove the seller, but if you want to file a counterfeit claim, it is something that will help make a very strong case.
Another way to remove sellers from your ASIN is by citing trademark infringement. Again, you do not necessarily need to conduct a test buy. There are ways of creating a material difference. One thing that we have our clients do is to implement a warranty.
We draft the warranty, which our client then puts on their website. If they created the listing, they will put it on their listing as well. This is a way for our clients to bypass the First Sale Doctrine and is another way that we have a basis for trademark infringement.